PROTHASIS Vs. S I OF POLICE

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioners, who are accused Nos.1 to 3 in Crime No.84/07 of Kanjar Police Station for offences punishable under Secs.326, 324, 323 and 427 read with section 34 I.P.C., seek anticipatory bail. The occurrence took place at about 5 p.m. on 2.3.2007.

(2.) Learned Public Prosecutor opposed the application.

(3.) Having regard to the fact that the injury constituting section 326 IPC was inflicted by the first accused, I am not inclined to grant anticipatory bail to the first accused. There is no reason why the first accused should not surrender before the Magistrate and seek regular bail. Accordingly, if the first accused surrenders before the Magistrate concerned and files an application for regular bail, within a period of two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed.